N.J. Admin. Code § 6A:26-3.4

Current through Register Vol. 56, No. 12, June 17, 2024
Section 6A:26-3.4 - Calculation of preliminary eligible costs for school facilities projects
(a) Upon approval of a completed school facilities project application, preliminary eligible costs for new construction, new construction in lieu of rehabilitation approved pursuant to 6A:26-3.3, and purchase of an existing facility to be utilized as a school facility shall be calculated as follows:

Preliminary eligible costs = AU x C

Where

AU is the approved area for unhoused students; and

C is the area cost allowance.

(b) Preliminary eligible costs for rehabilitation or new construction in lieu of rehabilitation that is not approved pursuant to 6A:26-3.3 shall equal reasonable estimated actual costs as calculated on a form prescribed by the Commissioner, which shall include, but not be limited to:
1. Specific unit costs and quantities;
2. Other allowable costs;
3. The costs to render a school facility energy efficient;
4. The costs to render a school facility compliant with the UCC;
5. The costs to ensure that a school facility meets health and safety standards; and
6. The costs to ensure that the school facility meets educational adequacy as determined pursuant to the facilities efficiency standards and N.J.A.C. 6A:26-5.
(c) The reasonableness of estimated actual costs under (b) above shall be determined in accordance with industry standards.
(d) Notwithstanding (a) and (b) above, preliminary eligible costs for new construction and rehabilitation of a purchased facility within five years of purchase shall be determined as follows:

Preliminary eligible costs = (ACP - PC) x (C / CP) where

ACP is the preliminary eligible costs for the facilities purchased pursuant to (a) above;

PC is the purchase cost for the facility;

C is the area cost allowance at the time of application for the school facilities project; and

CP is the area cost allowance at the time of purchase of the facility.

Preliminary eligible costs so calculated shall not be less than zero.

(e) For school facilities projects deemed approved pursuant to 6A:26-3.3(b), preliminary eligible costs for new construction shall be calculated by using the proposed square footage of the school facility as the approved area for unhoused students, and for rehabilitation shall be the reasonable estimated costs of the rehabilitation.
(f) Notwithstanding anything to the contrary, preliminary eligible costs for school facilities projects of county vocational school districts and of special services school districts shall equal the amount determined by the board of school estimate and approved by the board of chosen freeholders pursuant to 18A:46-42 or 18A:54-31, as appropriate.
(g) Notwithstanding anything to the contrary, preliminary eligible costs for Development Authority school facilities projects shall equal the amount determined by the Development Authority pursuant to 18A:7G-5.

N.J. Admin. Code § 6A:26-3.4

Amended by R.2001 d.367, effective 10/1/2001.
See: 33 N.J.R. 1809(a), 33 N.J.R. 3482(a).
Rewrote (b) as (b) and (c); recodified former (c) through (e) as (d) through (f); and updated N.J.A.C. references throughout.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (f), inserted "school" preceding "districts" two times.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
In (a), substituted "Upon approval of a completed school facilities project application, preliminary" for "Preliminary", and inserted a comma following ""N.J.A.C. 6A:26-3.3"; in the introductory paragraph of (b), substituted "as" for a comma following "actual costs"; in (b)4, substituted "UCC" for "Uniform Construction Code"; in (e), substituted "deemed approved" for " 'deemed approved' "; in (f), substituted "county vocational" for "vocational education", inserted "of" preceding "special", and deleted "N.J.S.A." preceding "18A:54-31"; and added (g).